Legal Opinion

East St. Louis & Suburan Railway Co. v. Kath

Appellate Court of Illinois

Decided March 15, 1907Published

Action to recover damages for death caused by alleged wrongful act. Appeal from the Circuit Court of St. Clair County; the Hon. R. D. W. Holder, Judge, presiding.

1Opinion of the Court

Mr. Justice. Higbee.

delivered the opinion of the court.

This was an action brought by appellee to recover damages for the benefit of the next of kin of Antone Kath, whose death is alleged in her declaration to have been caused by the negligence of appellant, in placing one of its poles too near its track and negligently permitting said pole to incline inward, toward the track, and also negligently permitting a low place to be and remain under the rail adjacent to the line of poles opposite said pole, thereby bringing the cars passing on said track, in dangerous proximity to said pole; by…

2Cases cited7 opinions

  1. Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
  2. City of LaSalle v. KostkaIllinois Supreme Court · 1901
  3. Browne v. SiegelIllinois Supreme Court · 1901
  4. Chicago & Alton Railroad v. HowellIllinois Supreme Court · 1904
  5. Chicago & Alton Ry. Co. v. HowellAppellate Court of Illinois · 1903

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